A suit for recovery of misappropriated funds was dismissed by the High Court of Judicature at Madras because the plaintiff failed to appear or provide representation during consecutive court hearings and the Defendant-Master's proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S. No.316 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.316 of 2015
M/s.ARS Energy Private Ltd. (formerly known as ÁRS Metals (P) Ltd.) Rep. by its authorised signatory Rajesh Bhatia ... Plaintiff
vs.
Prayer : Plaint has been filed under Order IV Rule 1 of the O.S. Rules r/w Order VII Rules 1 and 2 of C.P.C. prays for a judgment and decree against the defendants to pay a sum of Rs.1,20,71,137/-(Rupees one crore twenty lakhs seventy one thousand and one hundred thirty seven only) towards the cost of raw materials and zinc supplied misappropriated by the defendants with interest at 12% p.a. on the amount of Rs.1,20,71,137/- from the date of plaint till the date of realization of amount with costs to the plaintiff company.
For Plaintiff : Mr.Kumarichelvan Bosco
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C.S. No.316 of 2015
JUDGMENT
In view of the non appearance of the plaintiff or its learned counsel, the learned Additional Master – II has placed this matter before this Court. As seen from the proceedings of the learned Additional Master – II, the plaintiff was not present on 13.07.2022 as well as on 18.07.2022. Even today, there is no representation on the side of the plaintiff. The suit is of the year 2015. It can now be inferred that the plaintiff is not interested in prosecuting the suit. Accordingly, this suit is dismissed for non prosecution. No costs.
17.10.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
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C.S. No.316 of 2015
ABDUL QUDDHOSE, J.
vsi2
C.S. No.316 of 2015
17.10.2023
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M/s. ARS Energy Private Ltd. (formerly known as ÁRS Metals (P) Ltd.) Rep. by its authorised signatory Rajesh Bhatia
M/s. Transmetal (India) Rep. by its Proprietor Mr. Picco
Mr. G. Picco
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
